The holiday season is generally a time of cheerfulness and excitement. Now, maybe more than ever before, many people are looking forward to a season that it is known to bring cheer and fun. The holiday season is also a time where many will indulge in a few drinks in a bar, at home, or a party.
As the holiday season ramps up, it will be very easy for drivers to find themselves in a position where they are drinking. Unfortunately, this can lead to many of them driving under the influence. According to the National Highway and Safety Administration, drunk driving is more prevalent during the holiday season.
The number of drunk driving incidents spike between the Thanksgiving holiday break and lasts until New Year’s Day. There are hundreds of deaths related to drunk-driving related incidents. A death or accident related to drunk driving will be impact during any time of the year, but the impact will be felt even greater during the holiday season.
If you choose to get behind the wheel after having a few drinks, the decision you make to drive after having a few drinks can have long-lasting consequences. In the state of Minnesota, driving while impaired(DWI) is defined as operating a motor vehicle while:
- Being under the influence of alcohol and/or drugs
- Willingly and knowingly being under the influence of any type of substance that will significantly impact your ability to operate a vehicle
- Having a BAC level at 0.08 percent
- Having any amount of a schedule I or II controlled substance
Minnesota DWI Penalties
Minnesota law enforcement officials take driving under the influence very seriously, especially during the holiday seasons. Depending on your BAC level and history with DWI charges, the penalties can be paramount. Consequences can include:
- A jail sentence
- Expensive fines
- The revocation of your driver’s license
- The seizure of your vehicle
What Are Your Options If You Are Arrested?
If you have been arrested for a DWI, we understand how overwhelming and frightening the experience can be. You are aware of how high the stakes are when it comes to driving while impaired, and the consequences that may follow.
Before you attempt to move forward after an arrest, you should make the decision to consult with a knowledgeable and experienced DWI defense lawyer. It is not impossible to have the charges reduced or dismissed completely, especially when you have the right advocate on your side.
There are several ways to approach your pending DWI case. One possible defense includes the arresting officer failing to read your Miranda Rights. If your rights are not read to you, the prosecution cannot use any of your words against you as evidence.
However, any circumstantial evidence and testimonies from witnesses can be used to prosecute you. Another possible defense is being poorly administered a blood alcohol test or having inaccurate results to your field sobriety test.
Avoiding a DWI Charge
The best and safest way to avoid having a DWI charge against you this holiday season is to remain sober. However, we understand how many people will want to use the holiday season to relax and have fun after an unforgettable year.
If you are planning to leave your home and have a few drinks, we encourage you to ask a dependable friend or family member to drive you from Point A to Point B. If you drink more than you initially planned, it will be wise to have a trusted person around to ensure you get home safe. Driving while impaired is very preventable.
Making the decision to not drink while impaired can keep you safe and everyone else on the roads who want to get home to their families. If you are arrested for a DWI this holiday season, it is important to take action immediately. Contact Anderson Law Firm, PLLC today for a consultation.
DISCLAIMER: The information contained in this article does not constitute an attorney-client relationship. Please contact attorney Kirk Anderson for an initial consultation.